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Evidence 4th Revised edition [Mīkstie vāki]

  • Formāts: Paperback / softback, 650 pages, height x width x depth: 234x156x34 mm, weight: 986 g
  • Sērija : Core Texts Series
  • Izdošanas datums: 10-May-2007
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199291381
  • ISBN-13: 9780199291380
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Evidence 4th Revised editionPalielināt
  • Formāts: Paperback / softback, 650 pages, height x width x depth: 234x156x34 mm, weight: 986 g
  • Sērija : Core Texts Series
  • Izdošanas datums: 10-May-2007
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199291381
  • ISBN-13: 9780199291380
Citas grāmatas par šo tēmu:
Permanent link: https://www.kriso.lv/db/9780199291380.html
Keywords:
Munday's Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Clear and engagingly written, this book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both perennial and topical, ensures that this text contains a thorough exploration of the 'core' of the subject. In addition to covering all the major topics within the law of evidence, this book examines key concepts such as relevance and the court's discretion to exclude technically admissible evidence. This edition has been carefully and comprehensively updated to include all vital new developments in the law of evidence, in particular extensive consideration of the full ramifications of the Criminal Justice Act 2003. This lively, sometimes critical, and often entertaining text offers clear guidance to any student who may find evidence a slightly forbidding subject, and enough analysis to challenge those who wish to explore further.
Preface v
Table of cases xiii
Table of statutes xxxiii
Table of international instruments xliii
Introduction 1
1 Relevance and admissibility of evidence
17
The respective functions of judge and jury
19
The concept of relevance
22
The so-called 'best evidence principle'
26
Matters of which proof is unnecessary
28
Judicial findings as evidence
34
Prejudicial evidence, unfairly obtained evidence and suspect witnesses
44
Evidence excluded as a matter of public policy
59
FURTHER READING
66
SELF-TEST QUESTIONS
67
2 Presumptions and the burden of proof
69
The 'legal burden of proof' and the 'evidential burden'
70
The 'tactical burden'
72
The prosecution's legal burden of proof in criminal cases
74
When the defendant in a criminal case bears the legal burden of proof
76
The standard of proof
82
The evidential burden
84
The judge's 'invisible burden'
86
The burden of proof when establishing admissibility of evidence
89
Presumptions and the incidence of the burden of proof
90
Reversal of the burden of proof and the European Convention on Human Rights
91
FURTHER READING
117
SELF-TEST QUESTIONS
118
3 Witnesses: competence, compellability and various privileges
119
The competence of witnesses in civil and criminal cases
120
The compellability of witnesses
122
Sworn and unsworn evidence
130
Privileges enjoyed by certain classes of witness
131
Public interest immunity
147
FURTHER READING
151
SELF-TEST QUESTIONS
152
4 The course of the trial
155
The right to begin
156
The role of the judge
157
The judge's right to call a witness
158
Examination-in-chief
159
Hostile witnesses
160
Cross-examination
164
Re-examination
183
Calling evidence relating to witnesses' veracity
184
The Crown's right to reopen its case
190
Special protections extended to various classes of witness in criminal cases
192
FURTHER READING
219
SELF-TEST QUESTIONS
219
5 Witnesses' previous consistent statements and the remnants of the rule against narrative
221
The rule excluding previous consistent statements
222
Evidence-in-chief delivered by video recording (Criminal Justice Act 2003, s 137)
243
Statements made by the accused when first taxed with incriminating facts
244
Statements made by the accused when incriminating articles are recovered
246
FURTHER READING
246
SELF-TEST QUESTIONS
247
6 Character and credibility
249
Issue and credit
249
The concept of 'credibility'
251
Bringing out the character of the parties and their witnesses
252
Evidence of the defendant's good character
257
FURTHER READING
265
SELF-TEST QUESTIONS
266
7 Evidence of the defendant's bad character
267
Whether or not to admit evidence of a defendant's misconduct on other occasions
269
I. The admission of evidence of a defendant's bad character in criminal cases: Part 11 of the Criminal Justice Act 2003
273
II. Similar fact evidence in civil cases
341
FURTHER READING
344
SELF TEST QUESTIONS
345
8 The opinion rule and the presentation of expert evidence
347
The general rule excluding evidence of opinion
348
Four exceptions to the opinion rule born of necessity
349
The principal exception to the opinion rule: expert opinion
350
Scientific evidence: the presentation of DNA evidence
371
Scientific evidence: the presentation of Bayes theorem and instructing the jury in mathematical probabilities
375
FURTHER READING
377
SELF-TEST QUESTIONS
378
9 The rule against hearsay
379
The rationale underlying a rule against hearsay
380
I. Hearsay in criminal cases
383
II. Hearsay in civil proceedings
445
FURTHER READING
449
SELF-TEST QUESTIONS
449
10 Confessions 453
What constitutes a 'confession' under PACE, s 82(1)?
456
At common law an accused's silence may amount to an admission
457
Can a denial ever amount to a 'confession' under PACE, s 82(1)?
459
The conditions for admissibility of confessions under PACE
463
What if the accused, having first made an inadmissible confession, later makes a further confession which is obtained by proper methods?
478
Confessions made by mentally handicapped persons (PACE, s 77)
479
The admissibility of evidence discovered in consequence of an inadmissible confession
480
The status of 'mixed statements'
481
An accused's statement to the police is not normally evidence against other co-accused
482
An accused's right to use his co-accused's confession (Criminal Justice Act 2003 s 128)
486
FURTHER READING
491
SELF-TEST QUESTIONS
492
11 Drawing adverse inferences from a defendant's omissions, lies or false alibis 495
I. Inferences drawn from the defendant's silence: the Criminal Justice and Public and Order Act 1994
496
II. The silence provisions of the Criminal Justice and Public Order Act 1994
501
III. Inferences drawn from lies told by the defendant: Lucas directions
541
IV. Inferences drawn from false alibis put forward by the defendant
545
FURTHER READING
546
SELF-TEST QUESTIONS
546
12 Identification evidence 549
The inherent unreliability of evidence of identification
550
The Court of Appeal's decision in Turnbull
550
Identification procedures and PACE, Code D
560
Code D and the various methods of identification
567
FURTHER READING
577
SELF-TEST QUESTIONS
577
13 Documents 579
What is a 'document'?
580
Proof of 'public documents' and 'judicial documents'
580
Proof of 'private documents' by primary evidence
581
Proof of 'private documents' by means of copies
582
Proof of 'private documents' by means of other forms of secondary evidence
583
Bankers' books
585
SELF-TEST QUESTIONS
587
Index 589